CrossFit Smithtown Liability Waiver (4313)
Waiver and Release of Liability
Express assumption of risk: I, the undersigned, am aware that there are significant risks involved in all aspects of physical training. These risks include, but are not limited to: falls which can result in serious injury or death; injury or death due to negligence on the part of myself, my training partner, or other people around me; injury or death due to improper use or failure of equipment; strains and sprains. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or class while at, or under direction of CrossFit Smithtown.
Release: In consideration of the above mentioned risks and hazards and in consideration of the fact that I am willingly and voluntarily participating in the activities offered by CrossFit Smithtown, I, the undersigned hereby release CrossFit Smithtown, their principals, agents, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.
If I am signing on behalf of a minor child, I also give full permission for any person connected with CrossFit Smithtown to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well being of the child.
Participants involved in any activities offered by CrossFit Smithtown may be photographed or videotaped during training. The undersigned hereby consents to the use of these photographs and/or videos without compensation, on the CrossFit Smithtown website or in any editorial, promotional or advertising material produced and/or published by CrossFit Smithtown.
Indemnification: The participant recognizes that there is risk involved in the types of activities offered by CrossFit Smithtown. Therefore the participant accepts financial responsibility for any injury that the participant may cause either to himself/herself or to any other participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless CrossFit Smithtown, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by CrossFit Smithtown, at the main building or abroad. This includes but is not limited to parks, recreational areas, playgrounds, areas adjacent to main building, and/or any area selected for training by CrossFit Smithtown.
Appropriate footwear is highly recommended and required to train as a member of CrossFit Smithtown. Any barefoot lifting or running must be approved by the coach of the particular class and the management, and will be evaluated on a strict case by case basis. CrossFit Smithtown is not liable for any harm or injury due to deviations in the recommended standards of footwear.
CrossFit Smithtown assumes no responsibility for lost or stolen articles. Lost and found articles not claimed will be thrown away or donated to charity.
Parents/Guardians are responsible for their children if they are attending class. They are not allowed to touch any equipment while in the gym. If the child is hurt or injured with no equipment or from using any equipment inside or outside, CrossFit Smithtown is not responsible. This also includes a result in death.
CrossFit Smithtown is committed to the health, safety, welfare of each of its members and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. CrossFit Smithtown has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of membership of any member engaging in unacceptable behavior.
Members shall pay for any damages to CrossFit Smithtown property which results from the willful or negligent conduct of member, member's guest or dependent children. Rules and/or Regulations: Members who do not observe CrossFit Smithtown rules and regulations or who abuse equipment in any fashion will be asked to leave. The management reserves the right to terminate membership to anyone who refuses to observe any of CrossFit Smithtown's rules or regulations. Not all rules and regulations are listed in this agreement. CrossFit Smithtown reserves the rights to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by CrossFit Smithtown.
PARENTAL CONSENT (For participants under the age of 18)
I, the undersigned parent or legal guardian of the child shown above, have read the above and understood the foregoing assumption of risk, and release of liability and agree to its terms on behalf of my child and myself. I understand that by signing below, I am giving up substantial rights on behalf of my child and myself.
You are welcome to call, email, text, or talk to us in person. CrossFit memberships are done as Month-to-Month, and charged on the 1st every month. If you would like to cancel your membership, simply give us a heads up 14 days before. If you pay month to month, and decide to cancel the day of or after your renewal date, you will not be refunded for that month.
Moving Exception: If you are moving xx miles away, we simply need a 14 day notice.
Medical Exception: Unfortunately in life, medical issues can happen. Let us know and we will go ahead and cancel the membership upon your request.
Disputes: We are not responsible for forgetting to cancel memberships.
Example: If you do not show up for 6 months, and you are still being charged and claim that you cancelled 6 months ago without any proof that you did cancel, you will not be refunded 6 months worth charges. If you file a dispute with your bank or credit card company, we have the right to dispute the charges back.
Holds will only be applied to medical or maternity leave. If you’re going away on vacation for a week, 2 weeks, 3 weeks, 6 weeks, etc, you will not be put on a hold. You would be charged for the month that you pay for.
I have read and understood the foregoing assumption of risk, and release of liability and I understand that by signing it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights. I also agree to the cancellation and hold policy.z
Please answer the following questions